Disposed¶41

Palash Borah v. the State of Assam and 6 Ors.

Gauhati HC11 Feb 2026WP(C)/6803/2025

Case brief

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What is this about?

Palash Borah v. State of Assam & 6 others, WP(C)/6803/2025, Gauhati High Court, order dated 12-02-2026 by Justice N. Unni Krishnan Nair. Release of admitted contractual dues Rs. 13,37,092/- to contractor for Brahmaputra Dyke / Hatimura Dyke breach-closing and seepage-arresting works under SDRF 2017-18; work order No. SEN/G/78A/2017/120(A) dated 04.07.2019, Superintending Engineer, Nagaon W.R. Circle; Water Resource Department affidavit admitting liability; payment directed within six months of certified copy; petition disposed of.

What did the court decide?

Direction to the respondent authorities to release the petitioner's admitted contractual dues of Rs. 13,37,092/- within six months from receipt of a certified copy of the order; writ petition disposed of accordingly. ¶41

Palash Borah Vs the State of Assam and 6 Ors. — Gauhati HC (2026) — LawSathi Research

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GAHC010252652025

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/6803/2025

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PALASH BORAH

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S/O- PURNA BORAH, R/O- SILGHAT, NAMGHAR, P.O.- SILGHAT, P.S. KALIABOR, PIN- 782143, DIST.- NAGAON, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 6 ORS

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REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, WATER RESOURCES DEPARTMENT, DISPUR, GUWAHATI-6

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2:GOVERNMENT OF ASSAM

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REVENUE AND DISASTER MANAGEMENT (GENERAL) DEPARTMENT DISPUR GUWAHATI-6

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3:DIST. COMMISSIONER NAGAON ASSAM PIN- 782001

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4:THE CHIEF ENGINEER WATER RESOURCES DEPARTMENT ASSAM BASISTHA GUWAHATI-29

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5:THE SUPERINTENDENT ENGINEER NAGAON WATER RESOURCE CIRCLE NAGAON- 782003

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6:THE EXECUTIVE ENGINEER NAGAON

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WATER RESOURCE DIVISION NAGAON PIN- 782003 7:THE ASSISTANT EXECUTIVE ENGINEER NAGAON WATER RESOURCES SUB-DIVISION NAGAON PIN- 782003 ASSA

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Advocate for the Petitioner : MRS. K K CHOUDHURY, D KALITA

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Advocate for the Respondent : SC, WATER RESOURCE, SC, REVENUE,GA, ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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ORDER

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Date : 12-02-2026

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Heard Mr. K.K. Choudhury, learned counsel for the petitioner. Also heard Mr. R.M.

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Das, learned standing counsel, Water Resource Department appearing for the respondent Nos. 1, 4, 5, 6 & 7, Ms. N. Bordoloi, learned standing counsel, Revenue Department

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appearing for the respondent No. 2 and Mr. G. Bokolial, learned Govt. Advocate, Assam appearing for the respondent No. 3.

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The petitioner in the present proceeding has raised a grievance with regard to nonrelease to him, his admitted contractual dues amounting to Rs. 13,37,092/- (Rupees Thirteen Lakhs Thirty Seven Thousand Ninety Two).

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As projected in the writ petition, the petitioner was allotted the following work by the Water Resource Department.

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(1) Immediate measures to Brahmaputra Dyke from Kukurakata Hill to Hatimura Hill (Breach closing works at Ch.3112m to Ch.3211m and restoration works) under

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State Disaster Response Fund (SDRF) for 2017-18 (Seepage arresting measures at Hatimura Dyke) (Sub estimate-II) by the Superintending Engineer, Nagaon, W.R. Circle bearing work order No.:- SEN/G/78A/2017/120(A) Dated 04.07.2019 Rs. 13,37,092.00/-

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The petitioner after issuance of the work order to him and on completion of the requisite formalities, proceeded to execute the said work and completed the same in accordance with the stipulation laid out in the matter by the departmental authorities. On completion of the said work, the petitioner had raised his bills against the same and the amount involved works out to Rs. 13,37,092/- (Rupees Thirteen Lakhs Thirty Seven Thousand Ninety Two). The amount not being released to him, he has instituted the present writ petition.

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The learned counsel for the petitioner has reiterated the above facts and submitted that there being no dispute with regard to the successful execution of the work allotted to the petitioner, herein, the contractual dues receivable by him ought to have been released at the earliest by the departmental authorities.

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Mr. R.M. Das, learned standing counsel, Water Resource Department, Assam submits that the departmental authorities by way of filing an affidavit in the matter has admitted that the petitioner is entitled to receive an amount of Rs. 13,37,092/-, being the contractual dues receivable by him on account of execution of work allotted to him by the Water Resource Department. He submits that the said amount would now be required to be released to the petitioner.

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In view of the above submissions of the learned counsel for the parties, the respondent authorities having admitted that the petitioner is entitled to receive an

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amount of Rs. 13,37,092/- as his contractual dues, this Court directs the respondent

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authorities to release to the petitioner the said amount within a period of 06 (six) months from the date of receipt of a certified copy of this order.

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With the above observations and directions, the present writ petition stands

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disposed of.

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JUDGE

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Comparing Assistant

Palash Borah v. the State of Assam and 6 Ors.

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Palash Borah v. the State of Assam and 6 Ors.

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